Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 111925 (ALL)

MAHIJIT SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/42243/2024 · 2025-02-16

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:22130-DB Court No. - 29 Case :- WRIT - C No. - 42243 of 2024 Petitioner :- Mahijit Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sajiwan Mishra,Satyam Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. This petition is filed challenging an order passed by the State Government dated 6.9.2024. This order records that in view of the rejection of claim by the Sub Divisional Magistrate in proceeding under Section 144 of the U.P. Revenue Code, 2006, petitioner's representation lacks merit. Admittedly, the declaratory suit is dismissed by the concerned revenue court of Sub Divisional Magistrate against which an appeal is pending. It is in this backdrop that representation has been rejected by the State. In view of the fact that petitioners have already instituted a declaratory suit under Section 144 of the U.P. Revenue Code for recognition of their right in the property in question and appeal arising out of such proceedings is pending, the remedy of the petitioner would be to press such appeal. Neither a representation at this stage would be maintainable nor any decision upon it would be of significance. Leaving it open to the petitioners to pursue pending appeal before the competent forum, this petition is consign to record. It goes without saying that any order passed on the administrative side by the State shall remain subservient to the final adjudication made in the declaratory proceedings. Order Date :- 17.2.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad